LOS ANGELES DRUG DUI LAWYER

For Illustration Only. No Crimes Committed.

LOS ANGELES DRUG DUI LAWYER
DUI enforcement is aggressive and well-funded in Los Angeles County.  The Los Angeles Police Department, California Highway Patrol, LA County Sheriff's Department and other local police departments (Burbank Police, Glendale Police, Santa Monica Police, Long Beach Police, Pasadena Police, and many, many more local police departments throughout Los Angeles County) are all specifically trained to target DUI arrests.  Patrol officers have many responsibility, but it is clear that in Los Angeles and Southern California, DUI is a top priority.  While DUI is most often associated with drinking alcohol, DUI is often charged when a driver is suspected to be under the influence of a drug, commonly marijuana, prescription medications, as well as other street drugs like methamphetamine, cocaine and heroin.

DRIVING UNDER THE INFLUENCE OF DRUGS CHARGES AND ARREST
Drug DUI cases are now charged as violations of VC 23152(e).  Alcohol-related DUI cases typically trigger two criminal charges: VC 23152(a) and VC 23152(b).  The first count, the "a" count, is driving under the influence (being too impaired to drive).  The second count, the "b" count, is driving while at a blood alcohol concentration of .08 or higher (driving with a BAC above the legal limit).  In alcohol DUI cases, the government can prove that the defendant violated either one of the two charges and the defendant will sustain a DUI conviction.  Drug DUIs used to be charged under the "a" count until 2014, when a change in the law created a separate subsection for drug-related DUIs.  VC 23152(e) is not specific to any one drug, and proceeds only on a theory of impairment.  This means that the prosecutor must not only prove the presence of the drug, or some level of the drug in a driver's system, but must actually prove that the person was too impaired to drive.  This is often demonstrated by police testimony about the defendant's driving, defendant's behavior, odor, symptoms of alleged impairment and video of the driver or the vehicle.

POLICE DRUG RECOGNITION EXPERTS (D.R.E.)
Alcohol intoxication is easier for officers to detect than drug impairment.  There has been more research and much more officer training in regards to alcohol-impairment detection.  Standardized field sobriety tests have been evaluated for their ability to predict alcohol impairment, and officers have hand-held breathalyzers, Preliminary Alcohol Screening (PAS) Devices to determine whether a driver is too drunk to drive.  The smell of alcohol can also give police an indication that someone has been drinking alcohol, but drug use may be more difficult to detect.  Additionally, the effects of alcohol on a person's ability to drive safely may be more standardized across a population than with many other drugs.  In response to this difficulty, law enforcement agencies have begun organizing training specific to drug recognition.  Officers are taught to monitor symptoms of the central nervous system for indicators that a person may be under the influence of either a CNS stimulant (cocaine, methamphetamine, etc.) or a CNS depressant (Xanax, Alcohol, Marijuana).  This can include pupil size, sweating, balance, shortness of breath, rate of speech, gait, smooth pursuit with the eyes, and much more.  Even with specific training, the process of identifying impairment by drugs other than alcohol is still difficult.  The indicators of drug impairment can be affected by environmental factors as well as naturally occurring physiological differences between human beings.  When the government attempts to prove your drug impairment by calling a police "drug recognition expert" to the witness stand, your Los Angeles Drug DUI Lawyer needs to aggressively cross examine the officer.  By showing the lack of scientific method behind the field sobriety tests as they relate to drugs, and by exploiting the relative lack of training and experience officers have with drug DUI, your attorney can help cast doubt on whether you were under the influence at the time you were driving.  This is the most important part of drug DUI defense.  

NO "LEGAL LIMIT" FOR DRUGS / NOT "ZERO TOLERANCE"
Showing that there is some level of a drug in a driver's blood is not sufficient to secure a conviction.  Moreover, there is no "magic number" like the .08 BAC standard with alcohol-related DUI.  Whether a driver was under the influence of a drug while driving is a very fact-specific inquiry that needs to be addressed on a case by case basis.  A driver's time of alleged drug use, pattern of use, method of use, physiological differences, medical conditions, mental alertness and physical agility all play a major role in determining drug impairment.  "Tolerance" to some drugs builds very quickly and can be used as a defense in cases where the level of a drug in someone's blood may not correspond to a specific level of impairment.  The government must be able to show a bad driving pattern or display of physical symptoms that indicate a lack of ability of a driver to safely operate a motor vehicle.  Simply showing that some, or even a lot, of a drug was in someone's blood is not enough to get a conviction for DUI.

MEDICAL MARIJUANA AND PRESCRIPTION DRUGS AND DUI CHARGES
Medical marijuana, Xanax, Valium, Percocet, Ambient and many other lawfully prescribed medications can give rise to criminal charges for DUI.  Despite a valid prescription, driving while impaired by prescription medication is against the law.  Police and prosecutors do not show any mercy in DUI cases for those who are impaired by a prescription medication.  Many prescription medications can greatly affect a person's ability to safely drive a car, and driving under the influence of some medications may be very dangerous for some people.  There are many defenses available to those charged with DUI, but having a prescription for the drug involved is not one of them.  The prescription may be able to influence plea negotiations, but is not a license to drive while using certain medications.  Consult with your doctor before driving on any prescribed medications, and be careful not to mix certain medications with alcohol or other drugs.

DMV ISSUES WITH DUI DRUGS CRIMINAL DEFENSE CASES
Another difference between alcohol and drug DUI cases is that alcohol DUI cases usually trigger an automatic, administrative license suspension by the DMV.  DUI drivers who beat their criminal case in court can still face a loss of their driver's license if they lose, or fail to schedule a DMV hearing.  In drug DUI cases, there is no DMV administrative suspension.  A suspension will only commence upon conviction for DUI.  Beating your DUI case is therefore the only step necessary to save your driver's license in a drug DUI case.  There will most likely not be a DMV hearing, and there are several ways to avoid a driver's license suspension in court, including getting a dismissal of the DUI charges, winning a California Jury Trial or pleading guilty to a lesser offense.  If a driver suspected of driving under the influence of drugs refuses to submit to a chemical test, they might face a 1 year driver's license suspension by the DMV if the refusal was pursuant to a lawful arrest.

REDUCED CHARGES IN DRUG DUI CASES
Due to the difficulty in proving drug DUIs, your Los Angeles Criminal Defense Attorney and DUI Lawyer can help you avoid some of the negative consequences of a DUI conviction (including a loss of driving privilege and ignition interlock device requirement).  Drug DUI cases can be resolved with a plea negotiation, where you can plead to a reduced charge of reckless driving.  A "wet" reckless is a reckless driving conviction that can be used as a DUI prior if you ever receive a second (or subsequent) DUI conviction.  A "dry" reckless is just reckless driving and is not prior able as DUI.  Depending on the strength of the government's case and the skill and zeal of your attorney it may be possible to get one of these two outcomes instead of a DUI conviction.

HOW A LOS ANGELES CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER CAN HELP YOU
Being arrested and charged with a crime is scary.  You are likely unsure of the possible consequences (including probation, fines and jail time) and the likelihood that you have defenses you can assert to win your case or get a better result.  Contact the Law Offices of Nicholas Loncar for a free consultation about your case.  We can evaluate your defenses and the strength of the government's case, as well as give you a better idea of what to expect in court.

EXAMPLE OF A LOS ANGELES DRUG DUI CASE:
Rob is a Los Angeles resident and a medical marijuana patient.  Rob is driving home from a local medical marijuana dispensary when he is pulled over for going through a red light a little late.  Upon approaching Rob's vehicle, the officer notices the smell of marijuana, likely from the medical marijuana Rob had just purchased.  Rob had not yet smoked marijuana that morning, but smokes marijuana in his home nightly.  There might also be an odor of burnt marijuana on some of his clothing and other belongings.

The officer asks Rob if he knows why he is being pulled over.  Rob admits to running through the light a little late, but seems alert and answers the question succinctly.  Rob hands over his documents and the officer asks him to step out of the car.  Rob is asked to perform some field sobriety tests and does fine, losing his balance once when his leg was raised, but otherwise followed all directions well and performed the tasks asked of him.

Despite Rob's decent performance of the FSTs, the officer places his under arrest for DUI.  At the station, Rob refuses to submit to a blood or urine test, now facing a potential 1 year license suspension as well as DUI charges in court.  At the DMV hearing, the issue will be whether Rob actually refused, including whether the arrest was a lawful DUI arrest.  The criminal (court) DUI case against Rob consists of the smell of marijuana and one minor mistake on the FSTs.  Here, the DMV hearing is much tougher.  

Rob hires a Los Angels Drug DUI Lawyer who gets started right away on Rob's defense.  The attorney schedules a DMV hearing, and subpoenas the arresting officer to testify at the hearing.  With a strong cross examination and skilled argument, the lawyer is able to convince the hearing officer that there was not enough evidence to make a DUI arrest, negating the refusal.  Rob wins the DMV hearing and will not face the 1 year suspension.  In court, Rob has a right to take his case to trial and to make the government prove that he is guilty of a crime.  Rob's lawyer is able to persuade the prosecutor to offer Rob a reckless driving instead ("dry" reckless).  Rob does not wish to endure the stress, time and cost of trial, opting instead to plead guilty to reckless driving.  The DUI is dismissed and Rob's reckless driving conviction cannot be used against him as a prior DUI should a future DUI arrest occur.

Your arrest and criminal charges do not have to mean a criminal conviction.  You can fight your case and win!  If you have been arrested or charged with a crime, including DUI, DUI-Drugs, Domestic Violence, Gang Offenses, Theft Crimes, Violent Crimes, Strike Offenses, Sex Crimes, Financial Crimes, Vandalism, Homicide, Rape, Drug Possession or Sales or Transportation, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney and DUI Lawyer.  Being arrested and charged with a crime is scary, and having a skilled Los Angeles Criminal Defense Attorney and DUI Lawyer by your side, fighting for you and asserting your rights and defenses is essential.  FREE CONSULTATIONS Office: 213.375.3775 | Cell: 323.803.4352

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Published By: Nicholas Loncar | Written by Nicholas Loncar

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